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HomeMy WebLinkAboutVariance Appl & Supp Docs• • • DEPARTMENT OF HEARING BOARDS 444 SW 2nd Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 PUBLIC HEARING APPLICATION FOR A VARIAN C E Welcome to Hearing Boards! This application process is for your reference and review. It is intended to serve as a guide in acquainting you with our public hearing process. Following are a series of concerns/requirements for you take into account. By any means, please feel free to contact the department, should you have any questions. CITY OF MIAMI ORDINANCE NO, 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. The responses to the attached application must be typed and the complete application must be signed in black ink. It will be accepted, along with pertinent documents, only the first seven days (1-7) of the month from 8:00 am until 5:00 pm. Please note that the cashier located on the 4th floor will close at 4:00 pm; therefore, the complete application, reviewed plans and a paid receipt must be submitted. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. Power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. An additional recordation cost for the resolution is $6.00 for the first page and $4.50 for additional pages. All fees are subject to change. Also, for City Commission resolutions, please contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it has a signature from the Planning and Zoning Department designee. Applications given to customers do not constitute action from the City of Miami without plans review and written comments from the Zoning Division of the Planning and Zoning Department. Rev. 08/151D3 • • • A variance is a relaxation of the terms of the Zoning Ordinance where such action will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of structure, dimensions of yards, other open spaces, off-street parking and/or loading requirements (see Article 19 of the Zoning Ordinance). 1, Adrienne F. Pardo, on behalf of Blue on Coral Way, LLC hereby apply to the City of Miami Zoning Board for approval of a variance from the terms of the Zoning Ordinance of the City of Miami, affecting the property located at 3170 SW 22 Street, 3175 SW 22 Terrace, 3165 SW 22 Terrace and 3163 SW 22 Terrace , folio number 01-4116-009-0660, 01-4116-009-0770, 01-4126-009- 0780 and 01-4116-009-0790 1. Three (3) original surveys of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 2. Two (2) 11x17" original plans and one (1) 24x36" original plan, signed and sealed by a State of Florida registered architect or engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, building elevations and dimensions and computations of lot area and building spacing, etc. 3. Plans need to be stamped by Hearing Boards first and then signed by Public Works on the 8th Floor, Zoning on the 4th Floor and Planning on the 3'd Floor, prior to submittal of application. 4. An 81/2 x 11" copy of the plans after signature from the above departments. 5. Affidavit and disclosure of ownership of subject property and disclosure of interest (pages 6 and 7). 6. Certified list of owners of real estate within a 500-foot radius of the outside boundary of property covered by the application (pages 8 and 9). 7. At least two photographs that show the entire property (land and improvements). 8. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 9. A clear and legible copy of the subject property's legal description on a separate sheet of paper. 10. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) No 11. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? (Contact the Preservation Officer at the Planning and Zoning Department at 305-416-1400 for information.) No Rev. 08/15/03 2 12. What is the size of the project/property site? 1.31 acres approximately • • 13, What is the purpose of this application/nature of proposed use? To allow a residential development with accessory retail, parking and amenities on the property which incorporates the City's urban design guidelines, including interaction of the sidewalks and the development of ground level and townhomes at the rear of the development. 14. All documents, reports, studies, exhibits (8 1/2 x11") or other written or graphic materials to be submitted at the hearing shall be submitted with this application. 15. Other (specify and attach documents explaining why any information you are attaching is pertinent to this application). 16. The Variance request is for relief from the provisions of Section 401 of the City of Miami Zoning Ordinance as follows: 1. To allow for .52% building coverage. 2. To allow a front yard setback variance in order to provide a covered arcade of 0 feet instead of 10 feet. 3. To allow for an upper level setback variance of 10 feet where 30 feet is required. 17. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Section 1903 of the City of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. Please list evidence to be produced and use additional sheets, if necessary. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: The land in question is irregular in its configuration. It is "L" shaped. In addition, the project incorporates the City's urban design guidelines including screening the parking garage with townhomes on SW 22 Terrace to buffer the residential on that street and screening the parking garage with units on Coral Way. The front setback variance is required because the applicant seeks to include a covered arcade providing for the interaction of the retail along Coral Way. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: The configuration of the land is existing and the incorporation of urban design guidelines is a strong preference of the City. (c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner in that: Similar variances have been approved for projects in the Coral Way area in close proximity to this project including, directly next door. Rev. 08/15/03 3 • • • (d) Granting the variance requested will not confer on the petitioner that special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: Similar variances have been granted to projects in the immediate vicinity of this project. (e) The Variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure in that: The project's design is sensitive to historic Coral Way and the residential neighborhood to the south and provides for screening the garage in the rear with the townhouses, and in the front on Coral Way. The proejct also incorperates all back of house services within the parking garage and providing an arcade to allow for shading the pedestrian walkway. (f) The grant of the variance will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare in that: The project as designed is less intense and dense than others in the area. In addition, the tonwhouses fronting the R-2 district to the south buffer the parking garage from this district and the lofts on Coral Way line the garage. The height of the building has been reduced by providing a bigger parking garage footprint. The retail use at the front of the building articulates and is compatible with similar uses along Coral Way. 18. Cost of processing according to Section 62-156 of the City Code: CS, PR, R-1, R-2, (single-family and duplex residential uses) $ 250.00 Piers, docks, wharves and the like, for each variance from the ordinance, per lineal foot $ 45,00 Minimum $ 700.00 All applications for variances relating to the same structure shall be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon the definition of gross floor area found in Section 2502 of Zoning Ordinance, as amended $ .10 Minimum $ 650.00 Application for variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per variance: CS, PR, R-1, R-2 $ 250.00 All other residential districts $ 450.00 All nonresidential districts $ 550.00 Extension of time for variance $ 500.00 Public hearing and public meeting mail notice fees, Rev. 08/15/03 4 including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from items above, not to exceed eight hundred dollars (800.00), except from agencies of the City; such surcharge to be refunded to the applicant if there is no appeal by the applicant or from a property owner within five hundred (500) feet of the subject property. Signature Address 1221 Stickel! Avenue Name Adrienne F. Pardo Telephone 305-579-0683 Date Miami, Fl 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this _ day of i r 2003, by Adrienne F. Pardo who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally_k rLto.-me or who has produced as identification and who did (did not) take an oath. • (Stamp) Signature • OFFICIAL .'i:ARYSEAL MARISOL R GONZAL.FZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. DJ/48882 MY COMMISSION EXP. SEvr 17,2006 Rev. 08/15/03 5 • • AFFIDAVIT Before me, the undersigned authority, this day personally appeared Adrienne F. Pardo , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, X including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Adrienne F. Pardo t A.3-INA.c Applicant Name Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of y.=� 2003, by Adrienne F. Pardo who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known_tt9e. or who has produced as identification and who did (did not) take an oath. (Stamp) Rev. 08/15/03 5 Signature 900r Li mas -dX3 NOISS11NiNOD AYY t9S8tiao 'ON NO1SSMSNOD VC11 O L.I 30 awls Dr18Fid A2WJ.ON Z3`IVZNOD 2I losrdviN 1V3S A2IV1ON Td1D1330 DISCLOSURE OF OWNERSHIP 1. Street address and legal description of subject property: 3170 S.W 22nd Street, 3175 S.W. 22 Terrace, 3165 S.W. 22 Terrace and 3163 S.W. 22 Terrace See attached Exhibit "A" 2. Owner(s) of subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest are required. (Please supply additional lists, as applicable.) Owner's Name Mailing Address Telephone Number Blue on Coral Way, LLC 3052 S.W. 27 Avenue, Miami, Florida Zip Code 33133 305-446-8807 Blue on Coral Way, LLC is owned by: Renzo Renzi 50% Pasquale Renzi 50% 3. Street address and legal description of any property (a) owned by any party listed in answer to question #2 and (b) located within 500 feet of the subject property. (Please supply additional lists, as applicable.) Street Address Legal Description None Adrienne F. Pardo Owner or Attorney for Owner Name Owner or Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE P The foregoing instrument was acknowledged before me this ,3 day of i)L, 20 by Adrienne F. Pardo who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personal! kn wniame or who has produced as identification and who did (did not) take an oath. (Stamp) Signa /3 COMMISSION NO.'ODAa8882 MY COMMISSION EXP.SEPT 1' Rev. 08/15/03 6 • • Exhibit "A" LEGAL DESCRIPTION: Lots II through 15 inclusive less Street Right of Way and Lots 2$ through 31, less the South 10 feet, Block 3, of the AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the plat thereof as recorded in, Plat Book 4, at Page 73, of the Public Records of Dade County, Florida, 09-03-2003 11:38 FROiri-LAIV OFFICES aVnn V. OUAtiUaa, r.n. Jamerson, Sutton. & 2655 LeJeune Road, Penthouse II Coral Gables, Florida 33134 Folio No:01-41160090770 01-41160090780 01-41160090660 +3054437521 20600FEzu gg T-518 P.0011002 F-884 02R51 802 2002 AUG 16 12:17 DOCSTPDEE 10,350.00 SURTX 71762.50 HARVEY RIIVIN, CLERK DADE COUNTY, FL WARRANTY DEED THIS WARRANTY DEED is made this day of August 2002 by MARTHA LIMA, a single woman, ("Grantor"), to The Blue on Coral Way, L.L.C., a Florida limited liability company, ("Grantee") whose post office address is 3052 S.W. 27t Avenue, Suite 101, Miami, F1 33131. Whenever used herein, the terms "Grantor" and "Grantee" includes the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). WITNESSETH: That the Grantor for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee forever, the following described lands situate in Miami -Dade Ftor'sda (the "Properties"): See Exhibit "A" attached hereto. This conveyance is subject to the following: 1. Taxes and assessments for the year 2002 and subsequent years. 2. Conditions, restrictions, limitations, acid easements of record, if any, but this provision shall not operate to reimpose any of the same. 3. Zoning and other governmental regulations. The Grantor does hereby fully warrant the title to the Property and will defend the same against the lawfulclaims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has executed this instrument on the date first above written. Signed, sealed and delivered in the presence of: fier W ness:, %inn c ►fi�1 n MART HA LIMA Print Name 2305 Cleveland Heights Blvd, Lakeland, Fl 33803 v-Y1 \ Witness: LS; 'n. k �! Punt Name STATE OF FL'WA COUNTY OF [.! The foregoing instrument was acknowledged before me on this day of August 2002 by MARTHA LIMA j ] who is/are personally known to me, or,who has/have furnished i" ^.t- 2 ivkr413 as identification and who did (did not) take an oath. C 6 . L7 -. •52 � ` • ' ame: ,a` o s LI • `' .a r9' otary Public 2 r' , o , My commission expires:. -5/ 3i n es 0. Rhoads MYCOMMSSIQN0 D0447553 EXPIRES August 6, 2445 BOWED 1HiUTR4rFAIiiRiGURANCEt+G 09-03-2003 11:38 FRpWLAW OFFICES +3054467521 2O60OPG CUU T-518 P.002/002 F-384 EMBIT "A" Lots 11, 12, 13, 14, 18, less the Road Right -of -Way, and Lots 28, 29 and 30, less the South 10 feet thereof, Block 3, in amended Plat of Miami' Suburban Acres, according to the Plat thereof, recorded intPlat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida, • CrCu6ccXI fl FLU fCQRD VEROffD HAF1VEY RUVIN CLERK CiPCOT COURT •